Legal Definitions - Faculty of Advocates

The Faculty of Advocates is the professional body that represents and regulates all advocates (often referred to as barristers in other jurisdictions) in Scotland. It is responsible for maintaining the professional standards, providing training, and supporting its members, who are independent legal professionals specializing in court advocacy and providing expert legal opinions. Unlike barristers in England and Wales who often operate from individual "chambers," Scottish advocates are all members of the Faculty and share common resources, including the Advocates' Library, located within Parliament House in Edinburgh.

Here are some examples of how the Faculty of Advocates operates:

• Example 1: Career Path to High Court Advocacy
  

  After completing her law degree and a legal traineeship, Sarah decided she wanted to specialize in high-level court representation in Scotland, particularly in complex civil cases. To achieve this, she knew she would need to undergo specific training and be admitted to the Scottish bar.

  This illustrates the term because Sarah's ambition means she must apply to and be accepted by the Faculty of Advocates. This body oversees the training, qualification, and professional conduct of all advocates, making it the essential gateway to practicing as a barrister in Scottish courts.

• Example 2: Professional Standards and Discipline
  

  A client felt that their advocate had acted unprofessionally during a complex commercial dispute, failing to communicate adequately and missing key deadlines. The client sought to raise a formal complaint about the advocate's conduct.

  This illustrates the term because the client would lodge their complaint with the Faculty of Advocates. As the professional body responsible for its members, the Faculty sets and enforces the ethical standards and rules of conduct for all advocates. It would investigate the complaint and take appropriate disciplinary action if necessary, ensuring accountability within the profession.

• Example 3: Instructing Specialist Legal Counsel
  

  A large Scottish company was appealing a significant legal judgment to the UK Supreme Court, which required highly specialized legal arguments and advocacy. They needed to instruct a lawyer with extensive experience in appellate court work and a deep understanding of Scottish law.

  This illustrates the term because the company would instruct a member of the Faculty of Advocates. Advocates are the only legal professionals in Scotland qualified to represent clients in the highest courts, including the UK Supreme Court, and are known for their expertise in complex litigation and providing authoritative legal opinions.